For federal institutions, Section 508 makes it very clear that all federal-related websites must be accessible to all individuals, with and without disabilities. For private commercial websites, the Department of Justice (DOJ), which enforces the ADA, has made it clear that it interprets the ADA as applicable to websites. In 2010, the DOJ issued an Advanced Notice of Proposed Rulemaking to specifically ensure all websites, public and private, are subject to ADA compliance. The DOJ’s proposed amendments to the ADA were initially expected in Spring of 2016 but have now been pushed back to 2018.
California Government Code Section 4459(c) indicates that the scope of accessibility regulations in the California Building Standards Code shall not be less than the application and scope of accessibility requirements of the federal Americans with Disabilities Act of 1990 as adopted by the United States Department of Justice. ADA certification by the Department of Justice provides the most effective, recognized, and legal method for demonstrating that the California Building Code meets or exceeds the ADA requirements.
Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases, or operates a place of public accommodation. Public accommodations include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays.
The California Fair Employment and Housing Act (FEHA) prohibits employment practices that discriminate against an applicant or employee on the basis of an actual or perceived physical or mental disability or medical condition, unless the condition prevents the employee from performing the essential functions of the job or affects the health and safety of the individual or fellow employees. FEHA also prohibits discrimination based on an individual's genetic information and harassment based on an actual or perceived protected characteristic. FEHA covers private employers with five or more employees and all public employers, except for the harassment provision that applies to all public and private employers, regardless of size (CA Gov. Code Sec. 12926).
We often see projects of gas station replacing old fuel dispensers with access compliance fuel dispensers (reach range, operable parts, point-of-sale). According to Section 11B-202.4, Exception 10, these projects would be required to comply with accessibility for primary accessible path to inside the convenient store at the gas station, public restrooms, drinking fountains, public telephones, and signs (with 20-percent limit of adjusted construction cost). Is my understanding correct regarding the replacement of old/addition of new fuel dispensers?
The home we own was previously used as a hospice care home. It appears to be completely ADA compliant. We are going to be renovating our back patio and will be demoing the current one completely. Our deck builder has said when they build the new deck, it will start two inches lower than the current one in purser to meet code standards. We do not have anyone who lives here that needs it to be ADA, just aging parents that visit. That two inch step down will make it difficult for them to navigate, especially one parent who can’t do any steps at at all. Even though we are not a business, can we still have our home to be ADA compliant? Are there different codes for residents vs businesses? Thank you
For instance, if you have a video that displays the benefits of your product, but it doesn’t have captions, then people who are deaf or hard of hearing will not get to find out how great your product is. The same goes for when you have images with no alternate text. The point of the alternate text is to allow screen reading tools to describe the image to someone who is blind, so if you don’t have that text, some of your audience will miss out. Similarly, it’s important to ensure your website is fully accessible without a mouse so that people with physical limitations can use it.

For federal institutions, Section 508 makes it very clear that all federal-related websites must be accessible to all individuals, with and without disabilities. For private commercial websites, the Department of Justice (DOJ), which enforces the ADA, has made it clear that it interprets the ADA as applicable to websites. In 2010, the DOJ issued an Advanced Notice of Proposed Rulemaking to specifically ensure all websites, public and private, are subject to ADA compliance. The DOJ’s proposed amendments to the ADA were initially expected in Spring of 2016 but have now been pushed back to 2018.


I own and reside in a Long Beach condo building of 225 units. When I moved into the building in 2009 there were no rules as to where to store a bicycle. Starting July 1st, 2012 all bicycles are mandated to be stored in a bicycle room for $3.00 per month. One third of the racks are at low level and accessible to ADA people like myself, while the rest require lifting the bicycle on a shelf or hook. The assignment of space has been awarded on a first come first serve basis with no regard for accessibility. Is there an ADA code regulating bicycle storage facilities in Condominiums?
According to Law360, over 240 federal ADA website compliance lawsuits were filed in 2016 alone. As stated by Seyfarth Shaw, the trend continued through 2017 with an astonishing 814 ADA website accessibility lawsuits filed. A more recent Seyfarth Shaw Synopsis states that web accessibility cases filed to federal court showed no signs of stopping during the first 6 months of 2018 and there have already been at least 1053 ADA lawsuits filed. Most of them were coming from California, New York and Florida residents with disabilities.
Certification of a state accessibility code also allows business owners, builders, developers, and architects to rely on their state or local plan approval and building inspection processes for assistance with ADA compliance through the implementation of certified accessibility requirements. Should a mistake occur in the design or initial construction phase of a project, the mistake can be identified early through the plan approval and inspection processes and corrected at a time when adjustments can easily be made and the costs for doing so remain low. In this manner, state and local building code officials in jurisdictions with an ADA-certified code can play an important role in checking to determine whether accessibility requirements have been met. Also, jurisdictions that provide accessibility "check points" such as those described above through the implementation of a certified code provide a significant benefit to private industry and an incentive for growth and development.
Yes, all websites must have hand rails in the rest rooms, ramps in lieu of front porch stairs and elevators with doors wide enough for wheelchairs to be easily loaded into them. Seriously though, ADA only covers Americans, and the Internet is hardly just an American institution. Besides, browsers can already be configured to override the web designer’s pre-configured fonts, font sizes, font and page and page background colors, etc, to make it much easier to read. Also, the big 3 Operating Systems (MS Windows, MAC, and Linux) have text-to-speech programs which will allow the computer to read...
Companies all over the country in a wide variety of industries are getting served with lawsuits because their websites don’t meet compliance standards. Here, we’ve compiled the top 10 most noteworthy ADA website compliance lawsuits and settlements, but before we get into those details, we’ll first define what ADA website compliance is and help you understand some of the most used terms.
According to Law360, over 240 federal ADA website compliance lawsuits were filed in 2016 alone. As stated by Seyfarth Shaw, the trend continued through 2017 with an astonishing 814 ADA website accessibility lawsuits filed. A more recent Seyfarth Shaw Synopsis states that web accessibility cases filed to federal court showed no signs of stopping during the first 6 months of 2018 and there have already been at least 1053 ADA lawsuits filed. Most of them were coming from California, New York and Florida residents with disabilities.

Title II prohibits disability discrimination by all public entities at the local level, e.g., school district, municipal, city, or county, and at state level. Public entities must comply with Title II regulations by the U.S. Department of Justice. These regulations cover access to all programs and services offered by the entity. Access includes physical access described in the ADA Standards for Accessible Design and programmatic access that might be obstructed by discriminatory policies or procedures of the entity.


President George H.W. Bush signed the Americans with Disabilities Act into law July 26, 1990. The ADA prohibits discrimination of people with disabilities and guarantees the same opportunities as everyone else. These opportunities include employment possibilities, purchasing of goods and services and the ability to participate in State and local government programs.

Complaints that a program, service, or activity of CDI is not accessible to persons with disabilities should be directed to ADA Coordinator at 916-492-3388 or by e-mail at [email protected]  CDI will not place a surcharge on individuals requesting auxiliary aids/services or reasonable modifications of policy that is not also extended to persons without disabilities.
Resolution: Braulio Thorne called for a permanent injunction against Rolex Watch for them to take all steps necessary for making its website fully accessible to visually impaired users. The claimant also sought for compensatory, statutory and punitive damages for violations of New York State Human Rights Law and Civil Rights Law, court costs and attorneys’ fees, all with pre- and post-judgment interest. The parties reached an ADA settlement agreement and the case was voluntarily dismissed. 
Monica is the creative force and founder of MayeCreate. She has a Bachelor of Science in Agriculture with an emphasis in Economics, Education and Plant Science from the University of Missouri. Monica possesses a rare combination of design savvy and technological know-how. Her clients know this quite well. Her passion for making friends and helping businesses grow gives her the skills she needs to make sure that each client, or friend, gets the attention and service he or she deserves.
Ashdown Architecture is a full service architectural firm with significant expertise addressing complex access compliance issues in buildings and facilities throughout California.  We are committed to improving access to the built environment for individuals with disabilities, by providing information, education and solutions to business and property owners.  Ashdown Architecture is certified by the California Division of State Architect as a Certified Access Specialist (CASp).
Aside from attempting to compliant for compliance’s sake, having an ADA accessible website can improve the overall user experience and site traffic. An ADA compliant site can increase your target audience (by making it easy for those with disabilities to navigate around), improve your SEO efforts (by helping search engines to more easily crawl your pages and content), and help your overall reputation.
Enforcement of the ADA, is typically left to private individuals and by necessity their attorneys.  When an individual with a disability encounters a condition that inhibits their access or use of a building or facility in 49 states other than California, they are able to file suit and obtain correction of the condition.  If an individual with a disability encounters the same condition in California, they are immediately eligible for $4,000 in statutory damages under California’s Civil Code Section 52, which makes any violation of the ADA (no matter how small) a violation of an individual’s civil rights.  This has unfortunately created a significant cottage industry in California, where attorneys (operating under the umbrella of “facilitating access for the disabled”) will go after businesses with ADA violations, to simply pocket the $4,000 in statutory damages with an additional couple of thousand for attorney’s fees.
Certification of a state accessibility code also allows business owners, builders, developers, and architects to rely on their state or local plan approval and building inspection processes for assistance with ADA compliance through the implementation of certified accessibility requirements. Should a mistake occur in the design or initial construction phase of a project, the mistake can be identified early through the plan approval and inspection processes and corrected at a time when adjustments can easily be made and the costs for doing so remain low. In this manner, state and local building code officials in jurisdictions with an ADA-certified code can play an important role in checking to determine whether accessibility requirements have been met. Also, jurisdictions that provide accessibility "check points" such as those described above through the implementation of a certified code provide a significant benefit to private industry and an incentive for growth and development.

Of the 814 federal cases, New York and Florida led the way with more than 335 and 325 cases, respectively. Surprisingly, California only had nine new website accessibility lawsuits in 2017, most likely because plaintiffs filed in state court.  Federal courts in Arizona (6), Georgia (9), Illinois (10), Massachusetts (15), New Hampshire (2), Michigan (1), New Jersey (4), Ohio (8), Pennsylvania (58), Puerto Rico (1), Texas (7), and Virginia (24) also had their share of website accessibility lawsuits.


This particular lawsuit amounted to nothing more than a shakedown for cash, as the current laws would make it difficult to win the suit in court (more about this later) but it prompted me to dive deeper into the issue of ADA compliance. Through my research, I discovered there are some new laws on the horizon that could make ADA compliance mandatory, which means web designers and digital marketers need to know how to prepare.
This particular lawsuit amounted to nothing more than a shakedown for cash, as the current laws would make it difficult to win the suit in court (more about this later) but it prompted me to dive deeper into the issue of ADA compliance. Through my research, I discovered there are some new laws on the horizon that could make ADA compliance mandatory, which means web designers and digital marketers need to know how to prepare.
As a result, most ADA suits are brought by a small number of private plaintiffs who view themselves as champions of the disabled. For the ADA to yield its promise of equal access for the disabled, it may indeed be necessary and desirable for committed individuals to bring serial litigation advancing the time when public accommodations will be compliant with the ADA."[57]
Specific accessibility barriers that blocked claimants access to the site were a lack of alt text or a text equivalent embedded into graphical images; empty links that cause confusion for users of screen-reading software; redundant links that cause navigation issues and repetition for users of screen-reading software; linked images without alt text to inform the user about the function of the link.
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